Regardless of the area of a plot or parcel of land on which a building is hereafter erected or altered for use as a dwelling, such building must be located on a single and separately delineated building lot. Any subdivision of land into separate building lots shall require the approval of the Planning Board of the Village in accordance with Chapter 137, Subdivision of Land. Such building lot or lots and any such dwelling and buildings or structures accessory thereto shall conform in all respects to all the provisions of this chapter.

However, an accessory building may be built or constructed within
the rear yard if entirely separated from the main building and any
accessory structures attached thereto by not less than 10 feet and
located at least 10 feet farther back from the front street line than
the rearmost portion of the main building.

For the purpose of this subsection, "mechanical equipment" shall include all heating, air-conditioning, and ventilation equipment, electric power generators, equipment to melt ice on paved surfaces, and equipment deemed by the Building Inspector to be of a similar nature. "Mechanical equipment" shall not be deemed to include equipment that is accessory to a swimming pool and which is covered by Chapter 140 of this Code.

An accessory building shall be set back from side and rear lot lines
at least the same number of feet as the highest point of the building
is above the mean level of the ground surrounding said building.

Air-supported structures and tents shall not be erected
or maintained on any lot within the Village of Kings Point except
as temporary shelters for permitted accessory uses and in no event
may they be maintained for more than seven days in any one calendar
year.

On any corner lot, no wall, fence or other structure
shall be erected or altered and no hedge, tree, shrub or other growth
shall be maintained which may cause danger to traffic on a street
by obscuring the view.

On each and every lot having a lot area of 40,000
square feet or more, the maximum permitted floor area shall be equal
to 20% of the first 40,000 square feet of lot area; 7% of the lot
area in excess of 40,000 square feet.

On each and every lot having a lot area of less than
40,000 square feet, the maximum permitted floor area shall be equal
to 20% of the lot area plus an area equal to 1% of the number of square
feet by which the lot area falls short of 40,000 square feet.

The maximum permitted building area shall not
exceed 20% of the first 40,000 square feet of the lot area or part
thereof on a prorated basis, plus 7% of the lot area, if any, in excess
of 40,000 square feet.

The impervious coverage of any front yard may not exceed 35% of the
area of such front yard, and the total impervious coverage of all
front yards may not exceed 35% of the area of all of such front yards.
In the event that the impervious coverage of a front yard exceeds
25% of the area of such front yard, the 20 feet of impervious surface
closest to the edge of the paved portion of any roadway, public or
private, adjoining that front yard shall be comprised of Belgian block
or such other masonry block or pavers as may be approved from time
to time by the Architectural and Preliminary Site Review Board.

No building with a flat roof shall exceed 25 feet in height. A building
with any type of roof other than a flat roof shall not exceed 30 feet
in height. With respect to a building with a peaked roof, the dimension
on the roof between where the building height is measured and the
ridgeline shall not exceed an additional five feet. Flagpoles, finials,
radio and television antennas (other than parabolic antennas) and
chimneys, when affixed to a building, may extend not more than five
feet above the roof of the building, but in no event more than 40
feet above the mean level of the ground at the foundation of the building.
Notwithstanding the foregoing, radio or television antennas (other
than parabolic antennas), when affixed to a chimney, may extend not
more than three feet above the top of the chimney, but in no event
more than 40 feet above the mean level of the ground at the foundation
of the building.

For purposes of this section, all distances shall be measured
along the shortest horizontal line between the nearest lot line and
a vertical plane running through the point being measured, which plane
is parallel to such lot line, and grade shall be the mean final level
of the ground on that side of the dwelling which faces the lot line
to which the measurement is being made.

On any lot having more than one front yard, with the approval of the Architectural and Preliminary Site Review Board, the respective required facade setbacks from the lot lines set forth in Subsection B of this section for all of the yards except one front yard may be calculated utilizing the setback from the lot line of Subsection B(1)(b) or B(2)(b), depending upon the zoning of the lot, instead of Subsection B(1)(a) or (c) or B(2)(a) or (c), in substance, treating such other front yards and the rear yards as side yards.

The Architectural and Preliminary Site Review Board, in its sole discretion, shall have the power to modify the height restrictions of Subsection A of this section with regard finials and other decorative elements, and to a roof other than a flat roof for single-family dwellings of a Tudor or similar architectural style, or of a style that the Architectural and Preliminary Site Review Board finds would aesthetically enhance the community by such modification, so long as the peak of such structure shall not exceed 40 feet and the Board shall find that the overall appearance of the proposed structure will, notwithstanding such modification, meet the standards for approval set forth in this chapter. In the event that a modification is granted for the height of the roof, the Board may modify the height restrictions with regard to the chimneys for such dwelling to assure compliance with any minimum clearance between the roof and the top of the chimney that may be required by any New York State Building and Fire Code requirements or other safety considerations, or to complement the style or enhance the aesthetics of the proposed dwelling.

No impervious coverage other than a driveway
shall be placed nearer than four feet to a side or rear lot line.
Any driveway or impervious coverage that is located in a side or rear
yard and within 20 feet of a side or rear lot line shall be effectively
screened from view from the adjacent lot by means of appropriate hedgerow
at least four feet high.

A building or structure may be built, altered or used
and a plot or parcel of land may be used for a swimming pool, tennis
courts and/or marina by an association or not-for-profit corporation
when approved and permitted as a special exception by the Board of
Trustees, upon proper application therefor, and after a public hearing
on published notice, in accordance with the following provisions:

No less than 80% of the total authorized membership
of the association or the not-for-profit corporation must be residents
of the Village of Kings Point. All members of such association or
not-for-profit corporation who are not residents of the Village of
Kings Point shall be nevertheless residents of the Great Neck Peninsula.

The Board of Trustees of the Village shall determine
that the public health, morals, safety, comfort and general welfare
of the neighborhood will be secure and that such use will not be detrimental
to the general character of the neighborhood or to the orderly development
of the Village.

The site plans and detailed building plans of such
pool and any accessory building, showing the dimensions, design, elevations,
location and uses of all structures, drainage, sewerage and sanitary
facilities, parking areas, entrances, driveways, walks, screening,
planting and such other information, including the manner of operation
of such swimming pool, as may be required by the Board of Trustees,
have been submitted to and approved by said Board.

The permit shall contain such conditions, rules and
regulations governing the ownership, operation, maintenance and use
of such swimming pool and accessory structures and the land on which
the same are located as the Board of Trustees shall deem necessary
to promote the health, safety, morals and general welfare of the Village
and neighboring properties.

Upon any violation of this section or of any rule or regulation prescribed by the Board of Trustees in the permit or otherwise or upon any use or development of the land for which a permit was issued hereunder at variance with the plans approved by the Board of Trustees in issuing said permit, any permit issued hereunder may be revoked and canceled by the Building Inspector of the Village forthwith. This remedy is in addition to the remedies and penalties prescribed in §§ 161-71 and 161-72 of this chapter.

The lawful use of any land or structure ("structure"
as used herein and elsewhere within this chapter, unless otherwise
noted, includes all buildings, fences and other structures, as "structure"
is defined in this chapter) existing on the effective date of this
chapter, or any amendment thereto, or authorized by a building permit
issued prior thereto, if substantial construction has been achieved
in accordance with that permit, may be continued, but only to the
extent provided in this section.

Any such preexisting legal nonconforming structure
may not be altered or extended in any way which would exacerbate the
nonconformity, including, for example, but not limited to, increasing
the height of a structure at a location which invades a required setback
from a property line. As a further example, if one side yard is nonconforming,
an addition could be made in the opposite side yard, so long as the
minimum side yard requirement for the side where the addition is to
be added and the minimum aggregate side yard requirement, taking into
account the smallest dimension of the side yard on the nonconforming
side, are not being violated.

If any nonconforming use of land or a structure is
substantially discontinued for a continuous period of one-year, then,
regardless of intent, at the end of such one year period, such previous
use shall be deemed abandoned and any future use of such land or structure
shall be in conformity with this chapter for the district in which
such land or structure is located.

Whenever there is a subdivision of land, all nonconforming
uses and other structures, whether the nonconformity relates to the
size or location of a structure, its use, or the number of multiple
residences on one lot, or otherwise, shall be eliminated as a condition
of the subdivision. Any hardship or difficulty which may have existed
and served as the basis for continuing the nonconformity shall be
deemed to have substantially diminished and to have been compensated
for by the granting of the subdivision and the benefits which derive
therefrom to the owner.

A lot that has been used as a legal preexisting nonconforming building
lot for a single-family dwelling within the previous five years, but
which does not comply with the area, frontage, width, and/or depth
zoning requirements for a building lot for a single-family detached
dwelling in the zoning district in which it is located, even though
it may then be or become vacant by virtue of the demolition of the
single-family dwelling that had been constructed thereon, may continue
to be used as a legal nonconforming building lot for a single-family
dwelling so long as construction of a new single-family dwelling is
legally commenced pursuant to a valid building permit issued by the
Building Department within said five-year period. Nothing in this
subsection shall be deemed to permit any other deviations or variances
from the zoning requirements for the zoning district in which the
lot is located without a variance from the Board of Appeals.

Notwithstanding the provisions of Subsection G above, in the event that the Planning Board grants a subdivision of one lot that results in two lots and each of said two lots fully conforms to all of the zoning requirements of the Village, so that each lot could legally be developed without any variances from the Board of Appeals for the construction of a single-family dwelling, and that one of such new lots has upon it a legal tennis court that fully conforms to the requirements set forth in Article VI of this chapter, except to the extent variances from the Board of Appeals may have been granted (the "Tennis Court Lot"), which, as a result of the subdivision, is no longer accessory to a single-family dwelling on the same lot, that tennis court may remain, but only upon all of the following conditions:

At least one owner of not less than a 50% interest in the Tennis
Court Lot is a natural person and that natural person has, and at
all time thereafter, maintains an ownership interest of not less than
50% in the Other Lot.

Editor's Note: This local law also provided
that it shall not effect applications for subdivisions which have
received preliminary plat approval prior to April 1, 2001, from the
Planning Board of the Village of Kings Point and which have not lapsed,
expired or otherwise become of no force or effect, and so long as
such applications receive final plat approval from such Planning Board
prior to June 1, 2001.

For the purposes of this section, the floor area shall
be that area enclosed within the outside walls of the principal building,
excluding cellar, basement, attic, unenclosed porches terraces, garages
and rooms for heating and ventilating equipment, and not more than
20% of the floor area of the second or third floors may be used and
applied to the foregoing minimum floor area requirements. To qualify
as floor area for the purposes of this section, the second or third
floor shall have a finished ceiling height of at least seven feet
six inches in respect of so much of the floor area as shall be deemed
so qualified, and a full flooring shall be laid thereon, and further,
such floor area to so qualify shall have access from the floor below
by a permanent built-in stairway.

Except as provided in §§ 66-22D and 124-6 of the Village Code, the erection and maintenance of all signs and the lighting described below, within the Village, shall conform to the provisions of this section.

Notwithstanding anything to the contrary in
the Village Code, no nonresidential sign shall be erected, maintained,
displayed, altered, rebuilt, enlarged, extended, or relocated within
the Village without a conditional use permit from the Board of Trustees.

In determining whether or not to issue such
permit, the Board of Trustees may consider whether or not the sign,
by virtue of its design, will have an adverse impact upon nearby residential
properties or be distracting to motorists along nearby public roadways.

The Board of Trustees shall have the right to
grant such conditional permits for limited periods of time, to vary
any of the requirements set forth in this section in order to alleviate
any practical difficulty to the applicant in conforming to the requirements
set forth herein, and to revoke any such permit in the event that
any of the conditions upon which such permit was granted were violated.

Residential signs. A separate application for
a permit shall be made to the Building Inspector for each sign on
a form furnished by the Building Inspector. Each application shall
be accompanied by the written consent of the owner of the real property
upon which such sign is to be erected or maintained. The application
shall be in such form as shall be prepared by the Building Inspector
and shall include such documents as shall be required by the Building
Inspector, including, but not limited to, one color rendering of the
proposed sign, which shall be prepared to scale and shall show the
actual color of the proposed sign.

Nonresidential signs. A separate application
for a permit shall be made to the Board of Trustees for each nonresidential
sign on a form furnished by the Building Inspector. Each application
shall be accompanied by the written consent of the owner of the real
property upon which such sign is to be erected or maintained. The
application shall be in such form as shall be prepared by the Building
Inspector and shall include such documents as shall be required by
the Board of Trustees, including, but not limited to, eight color
renderings of the proposed sign, which shall be prepared to scale
and shall show the actual color of the proposed sign.

Responsibility for removal of signs. All signs shall
be removed by the person erecting, owning, maintaining, or displaying
such sign or the owner of the premises within seven days from the
date of the expiration or revocation of the permit for such sign or
within seven days after the business for which the sign was approved
is no longer operating at the premises, whichever is the sooner to
occur.

Signs exempt from fees and permits. The classes of signs which are exempt from fees and may be erected or maintained without a permit are described below. Such signs shall not be subject to the provisions of Subsections B through D, inclusive, of this section.

A directional sign on the side wall of a building, where said side wall faces a driveway giving access to a parking area at the rear of the building, or any other directional sign as authorized by the Village's Architectural and Preliminary Site Review Board may be erected without application to the Board of Trustees or the Building Inspector for a permit. Directional signs mounted on poles, when approved by the Architectural and Preliminary Site Review Board, Board of Trustees, and/or Building Inspector, shall not be bound by the provisions of Subsection E; however, signs, including the poles upon which they are located, shall not exceed eight feet in height without the express approval of said Board or Inspector.

No signs that are lighted with blinking, intermittent
flashing, strobe, or animated illumination are permitted. Such prohibition
shall not pertain to traditional holiday lights that are maintained
for limited periods of time during holiday seasons, so long as, in
the discretion of the Building Inspector, subject, on appeal, to review
by the Board of Trustees, such illumination does not create an unreasonable
disturbance to neighboring property owners.

No illuminated signs which have exposed bulbs
or light tubing (such as, but not limited to, neon or other chemical
lights), wherein the light source itself is shaped and utilized to
form the sign, a name, a logo, or a design, are permitted.

No signs which seek to advertise businesses,
activities, products, or services that are not conducted or sold on
the property where such signs are located or which are not expressly
permitted by other subsections of this section are permitted.

Temporary signs and lights. No signs or lights relating
to an event of limited duration may be erected more than 30 days before
the commencement of such event, and such signs and lights must be
removed no later than two weeks after the conclusion of such event.

Free speech signs shall have a setback of at
least 30 feet from all property lines or the required setback, if
any, for nonresidential signs for the zoning district within which
such property is located, whichever is less.

No free speech sign relating to an event of
limited duration may be erected more than 60 days before the commencement
of such event, and such sign must be removed no later than 30 days
after the conclusion of such event.

The sole basis for denying a free speech sign
application shall be public safety. In the event of such denial, the
Building Inspector shall set forth the specific safety reasons for
which the permit was denied.

Upon the denial of a free speech permit, the
applicant may either appeal to the Board of Trustees or commence a
court action or proceeding to challenge said denial, at the option
of the applicant. In the event that an appeal is taken to the Board
of Trustees, such appeal shall be heard no later than the next regular
monthly meeting of the Board of Trustees to be held not less than
two business days after the filing of the appeal.

A fence, the elements of which are uniformly arranged to
occupy not more than 20% of the vertical plane of the fence, providing
substantially an open view through the vertical plane of all sections
of the fence.

Fences are accessory structures and shall be located
on the same lot or premises as the principal use or building to which
they are accessory. Fences shall be constructed with the finished
side, if any, facing the adjoining property or street.

It shall be unlawful for any person to erect, construct
or alter any fence within the Village of Kings Point until an application
for such fence shall have been submitted to and approved by the Building
Inspector and a written permit issued therefor by him pursuant to
the provisions of the New York State Fire Prevention and Building
Construction Code. It shall be unlawful for any owner or occupant
of a lot or premises within the Village of Kings Point to permit a
fence or any portion thereof to remain on such lot or premises for
more than six months from and after the date on which the permit for
said fence was issued by the Building Inspector unless a certificate
of completion for said fence shall have been issued by the Building
Inspector. The Building Inspector shall not issue a certificate of
completion unless he shall first receive from the applicant a survey
from a surveyor licensed to practice in the State of New York locating
the fence on the lot and indicating the height of the fence.

Driveway pillars, the horizontal area of which does not exceed 6 1/4
square feet and the height of which does not exceed six feet and which
consist solely of masonry materials, including within said six-foot
height all light fixtures, planters, and other decorative elements.

Driveway gates shall not be greater in width than the width of the
driveway at the property line. Notwithstanding the foregoing, in the
event that the driveway is wider than 14 feet at the property line,
the driveway gates may not exceed 14 feet without the prior approval
of the Architectural and Preliminary Site Review Board.

All fences and gates shall be black in color unless otherwise approved
by the Architectural and Preliminary Site Review Board in order to
conform to the architecture, materials, and/or color of the dwelling
on, or proposed for, the subject premises.

Masonry walls, as may be approved by the Architectural and Preliminary
Site Review Board, as to material and color, not exceeding 36 inches
in height, including within said thirty-six-inch height all light
fixtures, planters, and other decorative elements, if any. Such masonry
walls may include masonry piers, the horizontal area of which does
not exceed 6 1/4 square feet and the height of which does not
exceed six feet, including within said six-foot height all light fixtures,
planters, and other decorative elements. There shall be not less than
20 feet between any such piers.

Open fences in excess of four feet and other
types of fences, of any height, must be completely screened from the
adjoining properties and streets by a living screen of coniferous
trees having a height of not less than six feet. Said screening shall
be so placed and maintained that it obscures the view of said fence
from adjoining properties and streets.

The Building Inspector shall not issue a certificate
of completion of a solid fence of any height or an open fence in excess
of four feet in height which is located within 15 feet of a property
line unless such property line is properly marked by monuments set
by a land surveyor licensed by the State of New York.

Fences on vacant or other property. Notwithstanding
the fact that fences are generally deemed accessory structures, fences
may be erected on any property, whether or not there is a principal
structure or principal use on the property, at any location other
than along the shoreline. All such fences shall be post-and-rail-type
fences consisting of not more than three horizontal rails, unless
otherwise approved by the Architectural and Preliminary Site Review
Board, and shall not exceed four feet in height. No wire or other
material, other than live vegetation, shall be affixed to such fences.

Editor's Note: This local law also renumbered former Subsection E, regarding fences along the shoreline, and Subsection F, regarding prohibited fences and fencing materials, as Subsections F and G, respectively.

Whenever construction, demolition, excavation, or other activities
or passive events occur that, in the opinion of the Building Inspector,
create an unsafe condition requiring the protection of individuals
who might be endangered by such activities or occurrences, the Building
Inspector is authorized to require a fence meeting the following requirements:

The fence shall be installed in such a manner and in such locations
are approved by the Building Inspector to assure that it is safe and
stable and, while maintaining the required safety, to the extent reasonable,
limiting the adverse impact upon the adjacent neighbors and the public
at large.

The fence shall have opaque mesh material fastened to the inside
or such other material, as approved by the Building Inspector, that
substantially shields the view of the public to the area being protected
by the fence.

The fence and mesh material shall be maintained in good condition
at all times that the fence is required by the Building Inspector,
and the fence and/or the mesh material shall be repaired or replaced
if, in the opinion of the Building Inspector, either or both are no
longer in good condition.

The fence shall be securely locked at all times when no one
authorized by the owner to be present on the site is present on the
site. If requested by the Building Inspector, a key to the lock shall
be provided to the Building Department.

The fence shall be installed on the subject property only, and
shall not be installed on any public or private right-of-way without
the express authorization of the owner and the permission of the Building
Inspector, or in any manner that might otherwise unreasonably interfere
with any easements of other rights of way of record without the permission
of the Building Inspector.

The fence shall be temporary and shall be removed immediately
upon completion of the construction, demolition, excavation, and/or
other activities, or such other unsafe condition has been rendered
safe, or as otherwise directed by the Building Inspector.

When the difference between the grades on either
side of a wall in the Village of Kings Point exceeds 18 inches, it
shall be presumed that such wall is retaining or supporting the earth
or rock on the higher grade, and such wall shall be deemed a "retaining
wall."

It shall be unlawful for any person to erect, construct
or alter any retaining wall within the Village of Kings Point until
an application for such retaining wall shall have been submitted to
and approved by the Building Inspector and a written permit for such
retaining wall has been issued.

It shall be unlawful for any owner or occupant of
a lot or premises within the Village of Kings Point to permit a retaining
wall to remain on such lot or premises for more than six months from
and after the date on which the permit for said retaining wall was
issued by the Building Inspector unless a certificate of completion
for said retaining wall shall have been issued by the Building Inspector.
The Building Inspector shall not issue a certificate of completion
for any retaining wall unless he shall first receive from the applicant
a survey from an engineer or surveyor licensed to practice in the
State of New York, locating the retaining wall on the lot or premises
and indicating the height of the retaining wall.

Drainage. All of the surface and subsurface drainage
water from such retaining walls shall be collected and disposed of
on the owner's lot or premises in accord with a plan of a drainage
water collection and disposal system approved by the Building Inspector.

A retaining wall in excess of four feet in height, but not in excess
of six feet in height, when the exposed face of the retaining wall
that is in excess of four feet in height is facing away from the closest
property line and the view of the retaining wall will not adversely
impact the adjacent neighbors or the public from a public street;
and, if such a waiver is granted pursuant to this subsection;

A combined height of all retaining walls and fences within 20 feet
of a property line in excess of eight feet, but not in excess of 10
feet, so long as the view of the retaining walls will not adversely
impact the adjacent neighbors or the public from a public street.

A lot or parcel of property within the Village comprising
not less than 6 1/2 acres upon which a principal single-family
dwelling was in existence when one or more separate and distinct buildings
on that parcel were designated as landmark buildings. In the event
that at any time such qualifying parcel is subdivided or otherwise
reduced in size so that it no longer comprises not less than 6 1/2
acres, the parcel shall no longer be deemed a qualifying parcel, and
any use of a landmark building as a single-family dwelling in addition
to the principal dwelling shall immediately cease and desist.

Notwithstanding anything to the contrary in this section, not more
than two landmark buildings on a qualifying parcel may be used as
single-family detached dwellings by a qualifying tenant, in addition
to the principal dwelling.

Nothing herein shall prevent the owner of the qualifying parcel from
maintaining, repairing, or replacing (with a totally different dwelling)
the principal dwelling without losing the right to maintain not more
than two landmark buildings as separate and distinct single-family
detached dwellings.